Attorney General candidate calls for ethics reform

Sunday

Sep 15, 2013 at 12:01 AM

PETERSBURG - Republican State Sen. Mark Obenshain, a candidate for attorney general, is calling for ethics reform in the wake of a financial scandal that has rocked the administration of Gov. Bob McDonnell.Obenshain, from the Harrisonburg area, said the

PETERSBURG - Republican State Sen. Mark Obenshain, a candidate for attorney general, is calling for ethics reform in the wake of a financial scandal that has rocked the administration of Gov. Bob McDonnell.

Obenshain, from the Harrisonburg area, said the nondisclosure of thousands of dollars of gifts and other financial help from Star Scientific CEO Jonnie Williams Sr. to McDonnell and his family means the state has to look at new laws.

"I'd like to think that Virginia is different and it's not necessary to adopt new laws, but clearly the events of the last year indicate that there is a crisis of confidence among voters," he said. "It is a widely held belief among voters that people ought to be pursuing public service for the service aspect, not personal enrichment."

Obenshain shared his priorities for office with The Progress-Index before meeting with voters at the Dinwiddie County Ruritan Festival last week. Obenshain discussed his platform as attorney general as well as his views on politics as a Virginia senator.

Obenshain proposes a $100 cap on gifts to elected officials and their families in any given year. Currently, Virginia sets no cash limits on the gifts governors can accept from lobbyists or others involved in government business. Governors must disclose any gift worth more than $50, or a series of gifts from an individual worth more than $100. Disclosure laws do not apply to spouses or dependent children.

Obenshain said that he would work to educate officials on ethics policy.

"I want to make sure that everyone understands what the rules are and what the disclosure requirements are and make sure we have aggressively gone out there to educate people about the current law and about the restrictions," he said.

Obenshain also commented on Attorney General Ken Cuccinelli's refusal to defend the state in a lawsuit regarding the governor's Opportunity Education Institution.

Earlier this year, the General Assembly passed legislation that established the state board to run failing schools. In response, the Virginia School Boards Association and the Norfolk City School Board filed a lawsuit against the state. Cuccinelli stated that he would not defend the state because the law was unconstitutional.

Obenshain said that as attorney general he would defend the law.

"My view with the attorney general role is that it is his or her obligation to defend challenged state laws. It is not the position of the attorney general to substitute his or her judgement for that of the people or the General Assembly," Obenshain said.

He added that the Attorney General should instead rely on a "good faith legal basis for defending a law."

"We would be ethically prohibited from stepping in and appearing in court defending a lawsuit that we understand has no legally recognized defense," he said. "It's different from saying it's a close case, or we may lose, or I disagree with policy."

He said that as a senator, he is a supporter of the failing schools legislation but said that he advocates charter schools as a more ideal solution.

"In absence of broader, better charter school laws, the laws we have have to be creative and innovative," he said. "I thought this was a fair alternative ... without charter schools or other options, it's one of the best choices we have right now."

He said that enhancing charter schools would give parents another option for their child's education.

Obenshain also shared his opinions on the restoration of voting rights for non-violent felons.

McDonnell recently instituted measures to allow the automatic restoration of voting rights for non-violent felons. This was after an attempt to amend the state constitution to allow automatic restoration failed in the house this year.

While the bill did pass the Senate, Obenshain did not vote in favor of the legislation.

"I didn't vote for it because I think that we have to find a way to continue to streamline the process to increase the number of people whose rights are restored and provide a meaning system for doing it," he said.

He also said that two of the top priorities he would tackle as attorney general include combating human trafficking and elder abuse.

Obenshain plans to open an elder abuse prevention center in the attorney general's office to assist in the investigation and prosecution of elder abuse. He also seeks to enhance efforts to make elder abuse more quickly identifiable and to improve training of law enforcement officials.

"These are our parents and grandparents and aunts and uncles, people who took care of us when we were kids and we have an obligation to take care of them," he said.

He also said that human trafficking was a growing problem.

"It's not just something that is affecting people in remote corners of the world," he said. "There have been some of the biggest high profile busts right here in Virginia, in Hampton Roads and Northern Virginia."

Obenshain said that he would seek to make human trafficking a stand-alone felony offense. He also aims to add those who engage in commercial sex with a minor to the sex offender registry. He seeks to establish a task force to assist in the prosecution of human trafficking.

He partnered with Del. David Bulova, D-Fairfax, to pass human trafficking legislation in this year's legislative session. The legislation requires businesses, such as truck stops, to post notices about the existence of human trafficking with a hotline for potential victims.

Obenshain also detailed some of the legislation he proposed as senator that he viewed as particularly important and impactful.

Obenshain said that some of his "most effective legislation" resulted from working across the aisle, including a 2012 constitutional amendment restricting eminent domain.

The state has the power to take private property for public use, such as the construction of roads and other amenities, after compensating property owners. Before the amendment, the government often transferred taken land to other private property owners.

The amendment prevents the transfer of land from one private owner to another and emphasizes that owners who have had property taken are entitled to just compensation.

Obenshain said that he approved taking private property for public use but said there could still be negative consequences.

"I don't oppose taking private property to build schools or roads or city halls but to build a shopping mall or a box store, I don't think that's right," he said. "But even legitimate uses of imminent domain can be devastating to families."

He cited the creation of the Greater Richmond Convention Center as an action that harmed landowners. The $170 million facility was a project to expand the old Richmond Centre. The building opened in February 2003 and spans six city blocks of the city's downtown Jackson Ward neighborhood.

"Those homes that were taken there, were worth more to the people who lived in them than anyone else on the face of this earth," he said. "While the city government gave those families fair market value for those homes, they couldn't replace them with the money that they were paid."

Obenshain has served in the General Assembly for 10 years and represents the 26th Senate district which extends from Harrisonburg to Front Royal. He has practiced law for 26 years and has managed two law firms in that time.

- Leah Small may be reached at 722-5172 or lsmall@progress-index.com.

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